Can I Get Workers' Compensation After an On-the-Job Car Accident?

 Posted on May 30,2022 in Workers' Compensation

Determining liability after a car accident can be tricky - even trickier if the accident was work-related. As a general rule, if you were actively carrying out a work-related task, you can probably use Workers’ Compensation to recover damages. However, depending on what happened, there could be a liable third party you could pursue compensation from. A number of circumstances and factors can affect liability when an auto accident is work-related. In some cases, you may have multiple options. If you were hurt in a car accident at work, you will probably need to contact an attorney who can assess your case and determine how best to go about getting you compensated. 

What If I Get in an Accident on My Commute?

If you were merely commuting to or from work, you were probably not on the job for purposes of getting Workers’ Compensation. This does not mean you are out of luck - you will just need to pursue compensation from the responsible driver or their insurance company. The same applies to accidents that occur while you are on break. 

There is an exception to this rule. If you were driving a company vehicle and your accident was caused by a vehicle defect, then you may be able to pursue Workers’ Compensation. 

When Does Worker’s Compensation Cover Car Accident Injuries?

If you were performing a task within the scope of your employment when the crash happened and you got hurt, you will likely be able to use Workers’ Compensation to cover your costs related to the injury. For example, if your employer asked you to take a company pickup truck and transport some materials to another job site, you are acting within the scope of your employment. If you get hurt in a car accident on the way, Workers’ Compensation should be available to you. 

However, in cases like this, liability can be a little complicated. If a third-party careless driver caused the accident - for example, if you are rear-ended by a drunk driver - then you might be able to pursue compensation from the at-fault party. 

What If I Was Off the Clock in a Company Vehicle?

If you were in a company vehicle but not actively working, then you may not be able to use Workers’ Compensation. You should be covered under your employer’s vehicle insurance policy. You may still have a claim against the third-party driver who caused the accident., if there is one. 

Call a Santa Clara County Workers’ Compensation Attorney

If you were injured on the job, Cramer + Martinez may be able to help you recover damages. Our experienced Morgan Hill Workers’ Compensation lawyers will help you determine which party is liable for your injuries. Call us at 408-848-1113 for a free consultation. 

Source:

https://www.dir.ca.gov/injuredworkerguidebook/injuredworkerguidebook.pdf